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Crim Pro
2011-07-16 23:56:14
Criminal Procedure Fourth Amendment

Fourth Amendment
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    The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue w/o probable cause w/o oath or affirmation and particulary describing place to be searched and the person or things to be seized
  2. Warrant Requirement
    • 1.) neutral & detached Magistrate
    • 2.) based on P/C submitted to magistrate by affidavit
    • 3.) Particulary describe place to searched and things to be seized.
  3. Franks v. Deleware
    (challenging basis for warrant)

    D must prove deliberate false statement was knowingly and intentionally made or w/ reckless disregard of truth
  4. Anticipatory Warrants
    United States v. Grubbs (2006)

    Anticipatory warrants are no different in principle from ordinary warrants.
  5. Maryland v. Garrison
    If officers mistakenly search wrong premises in good faith, search is not neccessarily unconstitutional nor will fruits be suppressed.
  6. Warrant Execution
    • Window usually limited
    • Excuted during the day
    • Specific of areas to be searched
  7. Knock & Announce
    Wilson v. Arkansas

    K & A principle is part of the Fourth Amendment
  8. Justifiation of no Knock & Announce
    Must have reasonable suspicion K & A under the circumstances would be dangerous or futile. I.E., destruction of evidence or Danger
  9. Katz v. United States (1967)
    What a person seeks to preserve as private in areas accessible to public may be constitionally protected.

    REOP = (1) subjective (2) objective
  10. Open Fields Doctrine
    areas outside the curtilage are subject to police entry and search.
  11. California v. Greenwood (1988)
    What a person knowingly exposes to the public, even in his own home is not suject to Fourth Amendment protection.
  12. Warrant Exceptions
    • SILA
    • Inventory Exception
    • Plainview
    • Automobile Exception
    • Consent
  13. Warrant Exceptions
    • Boarder Searches
    • Administrative
    • Stop n Frisk
    • Special needs
    • Exigent Circumstances
  14. Arrest
    in home = warrant requred

    Must have P/C , have knowledge reasonably trustworthy facts sufficient to warrant a reasonably prudent person to believe crime will be or is being committed.
  15. Arrest (home of 3rd party)
    Police cannot excute arrest warrant in 3rd party home w/o a valid seperate search warrant.
  16. Investigative Detention - Stop & Frisk
    • Reasonable articulatable suspicion of criminal activity/involvement (stop)
    • -Must be breif, verify officer suspsicion

    • Reasonable suspicion suspect armed (frisk)
    • -can reach in and seize items reasonbly believed contraband
    • -may NOT manipulate item to identify
  17. Reasonable Suspicion
    • -Totality of circumstances
    • -More than hunch, less than probable cause
    • -Police personal knowledge, flyer, informant etc.
  18. Investigatory Stop
    • -Must be brief, verification of officers suspicion
    • -if P/C arises, arrest ==> SILA
    • -